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(영문) 전주지방법원 2015.06.12 2015가단5639
건물인도 등
Text

1. Defendant A shall deliver to the Korea Land and Housing Corporation the real estate listed in the attached Form.

2. Defendant.

Reasons

1. Determination as to the claim against Defendant A

(a) Indication of claims: To be as shown in the reasons for the claims;

(b) Judgment by service (Article 208 (3) 3 of the Civil Procedure Act);

2. According to the facts found in paragraph (1) above, the lessor, as the lessor, is obligated to pay the balance of the principal of the loan sought by the Plaintiff within the scope of the claim for refund of lease deposit and delay damages to the Plaintiff, who received the claim for refund of lease deposit from the Defendant A as the lessee, as requested by the Plaintiff, at the same time, to the Plaintiff who received the claim for refund of lease deposit from the Defendant A,

I would like to say.

In this regard, the defendant Korea Land and Housing Corporation has a defense to deduct all the obligations secured by the lease deposit such as the rent, management fee, etc. of the defendant A. Therefore, the notice of transfer is valid only for the balance obtained by deducting all the claims of the lessor as the condition for the cancellation of the lessor's claim.

Therefore, the defendant Korea Land and Housing Corporation should pay the amount remaining after deducting all the debts secured by the lease deposit, such as the rent, management fee, etc. of the defendant A incurred by the completion date of delivery of the attached property, at the same time as the delivery of the attached property from the defendant A. As such, the defense of the defendant Korea Land and Housing Corporation pointing this out has merit.

Therefore, as requested by the Plaintiff, the Defendant Korea Land and Housing Corporation shall, at the same time as the delivery of the above real estate from Defendant A, deduct all of the obligations secured by the lease deposit, such as the rental fee, management fee, etc. of Defendant A, accrued from the date of the completion of delivery of the above real estate, from the balance of the principal of the loan sought by the Plaintiff. 4,500,000 won.

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